HomeMy WebLinkAboutOrd. 19-016Ordinance 19-016
An Ordinance amending Chapter 78 of the Code of Ordinances of the City of
Brookings, and pertaining to Use of Revenue.
Be It Ordained and Enacted by the City Council of the City of Brookings, State of South
Dakota, as follows:
Chapter 78, Article 11. – Sales, Use, and Lodging Taxes
That Section 78-38 shall be amended as follows:
Sec. 78-38. - Use of revenue.
(a) Any revenues received pursuant to subsection 78-32(a) and section 78-33 in
excess of the amount received if the rate of tax in subsection 78-32(a) is one percent
may be used only in the following manner:
(1) Such revenues may be used only for capital improvements which involve the
construction and financing of public improvements designated by ordinance or
resolution of the city council following a public hearing. The term "construction
and financing," as used in this section, shall include land acquisition,
architectural and engineering fees, construction costs, debt retirement, lease
purchase agreements, street maintenance, specialized equipment, the transfer
to the special 911 fund authorized by SDCL 34-45-12, the purchasing of
firefighting vehicles, and public safety equipment. The term "public
improvements," as used in this section, shall include infrastructure and
buildings either new or modified, improvements owned by the city, joint county -
municipal improvements, joint school district -municipal improvements as
authorized by SDCL Chapter 6-3 (SDCL 6-3-1 et seq.), and improvements
constructed pursuant to a joint powers agreement with the state and South
Dakota State University as authorized by SDCL Chapter 1-24 (SDCL 1-24-1 et
seq.). Any improvement project authorized by the city council under this
subsection (a) shall be subject to referendum.
(b) Any revenues received under subsection78-32 (b) shall be used only for the
purposes as defined and set forth in SDCL 10-52A-2.
(Code 1996, § 2-59(6); Ord. No. 20-98, § 1(2-59(6)), 9-8-1998; Ord. No. 10-02, § I, 5-
20-2002; Ord. No. 27-03, § I, 9-9-2003; Ord. No. 42-03, § I, 10-28-2003; Ord. No. 49-
03, § I, 12-16-2003; Ord. No. 02-04, § I, 1-13-2004; Ord. No. 03-10, § I, 3-23-2010)
State Law reference— Use of funds, received under78-32 (b): SDCL 10-52A-2.
Any or all ordinances in conflict herewith are hereby repealed.
First Reading: August 27, 2019
Second Reading: September 10, 2019
Published: September 13, 2019
CITY OF BROOKINGS, SOUTH DAKOTA
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Keith W. Corbett, Mayor
ATTEST:
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yorniater, Acting City Clerk